Statutory Instruments

1984 No. 197

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Authorities (Expenditure Powers) Order 1984

Made

21st February 1984

Laid before Parliament

2nd March 1984

Coming into Operation

24th March 1984

The Secretary of State for the Environment in relation to England, and the Secretary of State for Wales in relation to Wales, in exercise of the powers conferred upon them by sections 137(4B)(f) and (5) of the Local Government Act 1972(1) and of all other powers enabling them in that behalf, hereby make the following order:-

Title, commencement and application

1.-(1) This order may be cited as the Local Authorities (Expenditure Powers) Order 1984 and shall come into operation on 24th March 1984.

(2) This order applies to local authorities which are not local education authorities.

Interpretation

2. In this order-

"the Act" means the Local Government Act 1972;

"the school milk subsidy scheme of the European Economic Community" means the scheme laid down by Council Regulation (EEC) No. 1842/83 concerning the supply of milk and certain milk products at reduced prices to children in schools.

Specified expenditure

3. The following expenditure is hereby specified for the purposes of section 137(4B) of the Act (expenditure to be disregarded in determining whether a local authority has exceeded the spending limit set out in section 137(4)), namely, expenditure by a local authority on the provision of milk and milk products in schools to the extent that it is defrayed by any payment to the authority by the Intervention Board for Agricultural Produce in accordance with the school milk subsidy scheme of the European Economic Community.

Patrick Jenkin

Secretary of State for the Environment

20th February 1984

Nicholas Edwards

Secretary of State for Wales

21st February 1984

EXPLANATORY NOTE

Section 137 of the Local Government Act 1972 enables a local authority to spend an amount not exceeding the product of a 2p rate in the interest of their area or its inhabitants for purposes for which they are not otherwise empowered to do so. In determining the total amount spent certain sums may be disregarded. These include any expenditure of a description specified by statutory order.

This order specifies as expenditure to be disregarded, expenditure by authorities, other than local education authorities, on the provision of school milk to the extent that it is defrayed by payments by the Intervention Board for Agricultural Produce in accordance with the European Economic Community Scheme which provides a subsidy on milk and certain milk products supplied to children in schools.

(1)

. Subsection (4B) was inserted by section 44 of the Local Government (Miscellaneous Provisions) Act 1982 (c.30), which also amends section 137(5).